Manipur High Court
Pukhrambam Loken Singh & Anr vs State Of Manipur & 2 Ors on 3 June, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Suppl. Item No. 3-4
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(WP(C) No. 438 of 2025 with
WP(C) No. 446 of 2025
Pukhrambam Loken Singh & Anr.
.....Petitioner/s
- Versus -
State of Manipur & 2 Ors.
.... Respondent/s
BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 03.06.2025 [1] This matter is taken up as supplementary on mention. [2] Heard Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. Nikhil, learned counsel for the petitioners. [3] Issue notice to the main petition as well as application for interim relief.
[4] Mr. Y. Robert, learned Dy. G.A. assisting Mr. Y. Ashang, learned G.A. accepts notice on behalf of respondent Nos. 1 & 2. [5] Petitioners are directed to take step with respect to respondent No. 3 by dasti service and file affidavit of proof of service. [6] Learned G.A. prays for two weeks' time for filing counter affidavit.
[7] Mr. Y. Nirmolchand, learned senior counsel for the petitioners, prays for an interim relief of staying the notification dated 26.05.2025 and impugned Code of Conduct till the final disposal of the writ petition or pass any appropriate order in the interest of justice. Learned senior counsel for the petitioners submits that as per Section IV of Manipur Education Code and Section 10(v), two representatives of the parents/legal guardians of the students studying in the college are to be elected as members of the Governing Body. Section 10(v) is reproduced as:
"10.(v) Two representatives of the parents/legal guardians of the students studying in the college to be elected from among themselves provided such a representative, shall cease to be a member of the Governing Body if and when his/her ward discontinues his/her study in the college."
[8] However, in the impugned Code of Conduct (Annexure- A/7), the parents of the newly enrolled first year semester students are not eligible to contest the election.
[9] It is submitted that Section 10(v) of the Manipur Education Code does not make any restriction in different semesters and all parents and legal guardians of the students who are studying in the college are eligible to contest and to participate in the election. [10] It is stated that the impugned notification issued by the Principal/Returning Officer, Regional College, Lilong Chajing fixed the last date of nomination on 02.06.2025, scrutiny on 03.06.2025, withdrawal on 04.06.2025 and election date on 05.06.2025. It is submitted that the petitioners who are the parents of the first year students in the college are debarred from submitting nomination form for contesting the election due to the impugned Code of Conduct prohibiting parents and guardians of first year semester students and it is submitted that by exercising the inherent power, the petitioner be permitted to submit the nomination form.
[11] Mr. Y. Ashang, learned G.A., submits that the writ petition is defective in the present form as the college has been sued and the Principal/Returning Officer is made as respondent No. 4 in his personal capacity.
[12] The objection on maintainability will be considered on the next date. However, from perusal of the Manipur Education Code and the Code of Conduct issued by the college, it seems that the same is not in consonance with the Manipur Education Code.
[13] In the circumstances, the petitioners are permitted to submit nomination form even though last date i.e. 02.06.2025 has already lapsed.
[14] If the nomination of the petitioners is in order, they may be permitted to contest the election. However, the result of the two seats for the parents and guardians shall not be declared without the leave of this Court.
[15] List this case on 16.06.2025.
[16] Furnish a copy of this order to the learned counsel for the
parties during the course of the day.
JUDGE
Kh. Joshua Maring
KH. Digitally signed by
KH. JOSHUA
JOSHUA MARING
Date: 2025.06.04
MARING 10:25:15 +05'30'